Medieval Law
Ideas for Today What similarities/differences can we see between the Canadian law system and Medieval law? How were people tried back then? How were they determined innocent? Have we adapted anything from Medieval times?
Brainstorm How do you think our Canadian justice system is similar or different than the medieval justice system?
Innocent until proven guilty Jury lawyers Prison/ community service Supreme Provincial Federal Innocent until proven guilty Oath No death penalty Canadian Law
The Courts Manor Courts Royal courts Church Courts Villagers dictated who won the case Punished petty crimes/criminals Serf’s could sue Many disputes settled were to do with farming and property Sentences were usually a fine Assault, drunkenness, and theft charges They used common law because it was the same for the whole kingdom Serious crimes: murder, treason, rape, burglary A major crime was cutting down wood from the royal forest Only court to use death penalty Judged Bishops, Deacons, Priests, Clerks, Monks, Nuns Could not use the death penalty A literacy test was used to prove a person worked for the Church Normally gave lighter sentence
What are these pictures representing?
Is a Person Innocent? Trial By Battle Trial By Ordeal Several varieties to see if a person was innocent Swallow poison Pull an object from burning hot oil Walk over 9 red hot ploughs Carry a piece of red hot iron for a certain distance If the burn was infected-the person is guilty Two nobles would fight Often it was a fight to the death Only noblemen had a right to trial by battle If a noble woman was prosecuted, she would choose a nobleman to fight on her behalf.
A person that lived through or was not injured in the trial was innocent because...
GOD PROTECTED THEM! God would help innocent people Expose people to danger to see if God will protect them
-trial by jury Canadian Court System - Innocent until proven guilty Medieval Court System - Manor, Royal and Church - Trial by ordeal and battle - Trial by compurgators - Guilty until proven innocent - Proven innocent by God - Social hierarchy played key role - Death penalty Canadian Court System - Innocent until proven guilty - Supreme, federal and provincial - overlapping case subjects between courts - Judge -Representation/Lawyers - Prison/ community service sentences - evidence -trial by jury Multiple courts Swear oath on bible Protects society